CAPE HENRY BIRD CLUB, an unincorporated association, et al., Appellants, and
Conservation Council of Virginia, Inc., and National Wildlife Federation, Inc., et al., Intervening Plaintiffs,
v.
Melvin R. LAIRD, Secretary of Defense of the United States of America, et al., Appellees.
CAPE HENRY BIRD CLUB, an unincorporated association, et al., Plaintiffs, and
National Wildlife Federation, Inc., et al., Appellants,
v.
Melvin R. LAIRD, Secretary of Defense of the United States of America, et al., Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued August 13, 1973.
Decided September 18, 1973.
Attorney(s) appearing for the Case
Gladys Kessler, Washington, D. C. (Berlin, Roisman & Kessler, and Oliver Houck, Washington, D. C., on brief), for appellants in Nos. 73-1606 and 73-1607.
Dirk D. Snel, Atty., U. S. Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Leigh B. Hanes, Jr., U. S. Atty., Paul R. Thompson, Jr., Asst. U. S. Atty., Edmund B. Clark and Irwin L. Schroeder, Attys., U. S. Dept. of Justice, on brief), for Federal appellees in Nos. 73-1606 and 73-1607.
Erwin S. Solomon, Hot Springs, Va. (Erwin S. Solomon & Associates, on brief), for appellee, Bd. of Supervisors of Bath County, Va., in Nos. 73-1606 and 73-1607.
William T. Wilson, Covington, Va., for appellee, Covington-Alleghany County Chamber of Commerce, Inc., and James River Basin Assn. in Nos. 73-1606 and 73-1607.
C. B. Mattox, Jr., City Atty., and James R. Saul, Asst. City Atty., on brief for appellee, City of Richmond.
William E. Carson, City Atty., on brief for appellee, City of Covington, Va.
C. W. Allison, Jr., Commonwealth Atty., Covington, Va., on brief for appellee, Alleghany County, Va., in Nos. 73-1606 and 73-1607.
Before HAYNSWORTH, Chief Judge, and FIELD and WIDENER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
We believe that the district court correctly decided the issues raised in this appeal, and we affirm on the basis of the district court's opinion, 359 F.Supp. 404.
In our view, sections 1252(b) (1) and (b) (3) of the Federal Water Pollution Control Act Amendments of 1972,1 by their very terms, are not applicable to this project. The dam is neither in the survey or planning stage...
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